Los Angeles daily herald., 1887-04-02
Ayers Sars apor;52a.
PROCLAMATION! |!
STA e OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, Mai ch Is, 1857.

WHEREAS, the Legislature of the State ol
California, at its twenty-seventh session. be
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds of all the members elected to each oi
the two Houses of laid Legislature voting In
favor thereof, proposed the following de
scribed amendments to the Constitution Of
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature Of the State
of California, az its regular session, com.
mencing on the third day of January, A. D.
eighteen hundred and eighty seven, two
thirds of all the members elected to each OF
the Houses of said Legislature vo,ing in ia
vor thereof, hereby propose that sections
two and three of article vi, OF the Constitu
tion of said Sta.e be amended to read at
follows:
Section 2. The Supreme Court shall co n
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption Of this amendment to
the Constitution are hereby continued in
office as Justices of the Supreme Court fol
the remainder of the terms to which they
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office of Chief
justice of said court for g term of two
Chief Justice first elected, and every two
years thereafter the Justices shall elect a
Chief Justsce for q like term of two years.
An entry of the election OF such Chief Jus
tice shall be made in the minutes OF the
court and signed by four Justices. When
avar tbQroQftQr a vacancy occurs in the Of-
fee of Chief Justice, like election shall
be had to f1ll such office for the unexpired
term. \ he Supreme Court may sit in de-
partments or in bank. and shall always be
shall be two departments, denominated. re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
.uch assignment may, be changed bv him
from time to time. The Justices shall be
competent to sit in either department, and
may interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con.
tanned in relation to the Court In bank. The
presence of three Justices shall be necessary
to transact any business in either of the de.
partments, except such as may be done at
chambers, and the concurrence Of two Jus
tices shall be necessary to pronounce a
judgment. The Chief Justice shall apportiOn
the business to the departments and m y,
In his discretion. order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be na ade
before or after judgment pronounced by a
department.; but where cause has been al
lOtted to one OF the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg-
N ent and concurred in by twoJ Justices, and II
snr ma do q 10 of IN W not nd
set aside the Judgment. Any four Justices
may, either before or after judgment by
department., order a case to be heard in
bank. If the order be not made wit lin the
final No judgment by a department shall
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. In writing,
with the concurrence of two Justices. The
bank at any time. and shall be the presiding
Justice Of the Court when so conve ned. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce
Judgment in bank; but II four Justices, so
present, do not concur in a judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but to render a
Judgment q concurrence OF four Judges
shall be necessary. In the determination
bank. or in departments, shall be given
in writing and the grounds of the decision
shall be stated. The Chief Justice NAV sit
in either department, and shall preside
when SO sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case of
the absence of the Chief Justice from the
place at which the court Is held, or his ina
bility to act, the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act. The Supreme Court Commits.
sion, created by the act of the Legislature,
approved March twelfth, eighteen hundred
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereafter as may be fixed by an act
passed by vote of two-thirds of the elected
members of each House of the Legislature.
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges of the Su-
the same power to hear and determine
causes possessed by department of the
Supreme Court, and causes may be assigned
to the commission in the same manner they
are assigned to department., and after de-
cision they may be ordered I6,e, Al, heard In bank
rs II decided in department The judg-
nents of the commission shall be entered
IS the judgments of the court. The cem-
mission shall sit at suchtimes and places as
may be designated by the court but such
shall not exercise any
udiciai functions except when assem-
,led as a commission, and then they
hall only have power TO hear and deter |
nine such causes as may have been assigned |
o them.
Section g. The Justices of the Supreme
,ourt shall be elected by the qualified |
lectors of the State at large, at the general |
tate elections. and the times and places at |
Thich State officers are elected; and the |
erm Of office shall be twelve years from